Tax Administration Act, 2011 (Act No. 28 of 2011)

Chapter 8 : Assessments

98. Withdrawal of assessments

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(1)SARS may, despite the fact that no objection has been lodged or appeal noted, withdraw an assessment which—
(a)was issued to the incorrect taxpayer;
(b)was issued in respect of the incorrect tax period; or
(c)was issued as a result of an incorrect payment allocation.

[Section 98(1) substituted by section 50 of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]

 

(2)An assessment withdrawn under this section is regarded not to have been issued, unless a senior SARS official agrees in writing with the taxpayer as to the amount of tax properly chargeable for the relevant tax period and accordingly issues a revised original, additional or reduced assessment, as the case may be, which assessment is not subject to objection or appeal.

 

[Section 98 substituted by section 46 of the Tax Administration Laws Amendment Act, 2013 (Act No. 39 of 2012)]